Monday, December 31, 2007

12/12/07 (UNPUBLISHED)Story: Mabel Aku BanesehTHE Accra Fast Track High Court has restrained the Mankralo of Osu, Nii Ako Nortei IV and two others from developing a disputed parcel of land situated at the Independence Avenue, Accra until the final determination of a suit brought against them.IKOHOPS Investment Limited has sued the Osu Mankralo and two others namely Nii Nortey Omaboe, the Osiahene of Osu and Nii Okwei Kinka Dowuona VI, a member of the Osu Traditional Council praying the court to declare the defendants as tresspassers.Giving its ruling in an interlocutory application filed on behalf of the plaintiffs by their counsel, Mr Ben Kuwornu, the court held that "from the processes filed in this case, I have come to the firm conclusion that the applicants case is not frivolous or vexatious and to permit the respondents to develop or continue to develop the subject property would inflict substantial and irreparable damage on the applicants.""Accordingly, it is ordered that the respondents whether by themselves, their agents, servants, workmen and any other persons claiming by or through them, be restrained from entering or dealing in whatever manner including digging of a foundation or engaging in any manner of construction on the disputed property pending any or further orders," the court, presided over by Mr Justice K. A. Ofori-Atta ordered.In the substanstive matter, the plaintiff is praying the court for a declaration that IKOHOPS Investment Limited was the owners of 1.54 acre leasehold property of which the government of Ghana was ultimately the lessor.The plaintiff is also seeking a declaration that the defendants were tresspassers on the said land as well as prayed the court to perpetually restrain the defendants and their agents from holding the property as their (defendants) own.IKOHOPS is also praying the court to award damages as well as award profit from November 1, 2005 being the date of the unlawful occupation of the land by the defendants.A statement of claim accompanying the writ said the plaintiff acquired the land from Metropolitan Insurance Company Limited with the consent of the Lands Commission.According to the plaintiff the land was vacant at the time it was acquired adding that "not long after, the defendants acting through their servants, privies and agents trespassed on the land, stormed the premises and drove away security men with dangerous weapons"."The defendants not only made inscriptions on the building to the effect that the land and the building thereon belonged to the Osu Traditional Council but also established what they called Osu Traditional Council Secretariat and Legal Department," the statement of claim averred.The plaintiff stated that as a result of the defendants continuous stay on the land it had been deprived of its property.In an affidavit in opposition filed on behalf of the defendants by Koi Larbi and co., legal practitioners, the defendants have denied the claims of the plaintiff.The defendants prayed the court to strike out the writ of summons and statement of claim on the grounds that they (defendants) had filed an earlier suit on the same property in another court.According to the defendants it would amount to encouraging multiplicity of suits and also forum shopping if the court proceeded with the trial.The defendants, therefore, prayed the court to strike out the writ of summons and statement of claim on the grounds that the plaintiff's action was an abuse of the judicial process.

FOUR thousand five hundred affordable housing units will be ready for occupation in June, next year.The bed sitter, single and two-bedroom apartments, which are situated at Borteyman and Kpone in Accra and Asokore Mampong in the Ashanti Region, form part of the government’s effort to ease the housing problem in the country.The Minister of Water Resources, Works and Housing, Mr Boniface Abubakar Siddique, told the Daily Graphic in Accra on Thursday that the apartments would be given out for rent or outright purchase to Ghanaians, particularly public servants.To facilitate the speedy completion of the project, he said the government had released an additional ¢169 billion for payment to the contractors on the project.“The government is also working out a comprehensive mortgage scheme with some financial institutions to make the payment for the apartments more flexible,” Mr Siddique explained.He said prices for outright sale would range between ¢120 million and ¢200 million and would be spread over a payment period of between 10 and 20 years.Mr Siddique said primary beneficiaries of the first phase of the project, which began more than four years ago, would be civil and public servants.When the Daily Graphic team visited Kpone and Borteyman to ascertain the progress of work on the projects, contractors were either busily roofing or putting finishing touches to some of the completed units.Asked about how people could access the apartments, he said “people are applying and we have now received more than 1,000 applications”.He said the Koforidua and Tamale projects were also ongoing, adding that the affordable housing project would soon be replicated in the Upper East, Upper West, Western, Central and Volta regions. Touching on the provision of regular uninterrupted supply of water, Mr Siddique said the government had sourced $92 million to provide water for residents of Sunyani.He said the amount comprised a $62 million commercial credit facility from Lemna International Corporation of the USA and a $30 million grant from the Chinese Government.According to the minister, the money would be used for the construction of a dam and reservoir, as well as for the provision of a plant to treat 10 million gallons of water a day.Mr Siddique further stated that a 66.8 kilometre new pipelines for transmission and distribution of water would also be laid.He explained that the project, which would benefit more than one million residents over a 20-year period would kick off next year.He further stated that projects which were all aimed at providing potable water for residents of Berekum, Damongo, Wa and Yendi would also be embarked upon next year.The minister pointed out that a $198 million expansion project at Kpong Water Works was currently ongoing to provide water to various parts of Accra.

FOR aiding a fugitive, Sheriff Asem Dakeh, alias The Limping Man, to flee with 2,280 kilogrammes of cocaine, three policemen were yesterday sentenced to a total of 75 years imprisonment with hard labour by the Accra Fast Track High Court. Sergeant David Nyarko, Detective Corporal Dwamena Yabson and General Lance Corporal Peter Bondorin, were sentenced to serve 25 years imprisonment each after the court found them guilty of receiving an unspecified amount in US dollars from Dakeh and subsequently allowing him to flee.They were convicted on two counts of extortion and corruption by a public officer after the court held that the prosecution had led evidence beyond reasonable doubt to prove their guilt.A third accused person, Detective Sergeant Samuel Yaw Amoah, who was said to have collected the money from Sheriff and in turn shared it with the convicts and some fishermen and is currently on the run, was described by the presiding judge “as a disgrace to the police service.”The presiding judge, Mr Justice Annin Yeboah, a Court of Appeal Judge, with additional responsibility as a High Court judge, held that “Amoah escaped as a result of the negligence of the police. The image of the police has been tarnished and it is unfortunate the police allowed him to escape.”Turning to the three convicts, Mr Justice Yeboah said “inferences drawn and the conduct of the accused persons proved that they had taken money from Sheriff and allowed him to abscond.”For instance, the court held that one of the prosecution witnesses, a fisherman, identified the convicts as the police officers who went to the Kpone Beach on April 26, 2006, took money from Sheriff and allowed him to abscond. The court said the fisherman candidly stated during the trial that Sgt. Amoah gave him (fisherman whose name has been withheld) $10,000 to share with his other colleague fishermen who had seen the policemen aid Sheriff to load cartons of cocaine into a waiting vehicle.It pointed out that no evidence was led by the defence to discredit the fisherman who was once described by the defence as a “star witness” and who was very truthful and credible in his evidence which was heard in camera.It said it was unfortunate the police officers allowed Sheriff to abscond without at least inviting him to the police station for interrogation.The court, accordingly, rejected the denial of the convicts and further held that there was overwhelming evidence which pointed to the fact that the convicts were guilty of charges levelled against them, adding that “the accused persons were not truthful and I reject their story.”It said the convicts took money to compromise their office, adding that they did not lead evidence to raise any doubt on evidence led against them.Citing authorities to buttress the court’s decision, the court said it was unacceptable and unfortunate for the convicts to allow “a harmless, disabled and limping man”, to escape with such large quantities of cocaine.Before their conviction, counsel for the convicts prayed the court to deal leniently with them since they were first offenders but the court said their action had dragged the name of the police service in the mud and he would accordingly give them a deterrent sentence to send strong signal to police officers to act professionally.Family and friends of the convicts became visibly shocked and wailed uncontrollably as the convicts were led into waiting vehicles to begin serving their sentence.

THE Ghana National Petroleum Corporation (GNPC) is looking for potential investors to explore the Voltaian Basin which has large commercial quantities of oil and gas.The oil in the Voltaian Basin, the largest onshore basin in Ghana, could fetch the country several millions of dollars in revenue, but it is the least explored.It covers about 40 per cent of the land mass of Ghana, spanning over 103, 600 square kilometres and covers most parts of the Volta River drainage area.The Voltain Basin stretches from Nankpanduri/Gambaga in the north east through Larabanga/Damongo to Kananto in the Northwest down to Bamboi on the Black Volta through the western bounds of Techiman in the Brong Ahafo Region.In an interview with the Daily Graphic, the Managing Director of GNPC, Mr Moses Oduro Boateng, said the Basin could be compared to the Libyan and Chadian blocks which are currently producing large quantities of oil and gas."The Voltaian Basin has high prospects for oil and gas accumulation and could fetch the country several millions of dollars," Mr Boateng said, adding that the Basin, when explored, would provide jobs, and thus create wealth for a large number of Ghanaians and eventually reduce poverty drastically.He said the country would benefit from royalties and other revenues which would be generated when investors explored the Basin."Exploration of the Basin would enhance technology and knowledge transfer, empower the Ghanaian, enhance information flow and provide infrastructure," Mr Boateng intimated.According to him, the GNPC is currently embarking on a three-phase programme of reconnaissance geoscientific study over the Voltaian Basin.The study would entail a geological re-evaluation of the hydrocarbon potential of the Basin.Mr Boateng explained that the objective of the study was to develop a preliminary knowledge of the Voltaian Basin's hydrocarbon potential.He stated that the challenges facing the GNPA were compounded by limited data to assess the hyhdrocarbon potential of the basin as well as non-availability of funds to acquire data for future activities.He, however, pointed out that on the basis of investigations conducted so far, the Basin had similar characteristics with Berkine, Hassi Messauoud and Illizi basins in Alegeria, the Illizi and Ghadamese basins in Libya as well as the Tauodeni basin in Mauritania, Mali, among other countries.Mr Boateng, therefore, urged locals in the areas where the hydrocarbons had been found to co-operate with potential investors in exploration activities to bring wealth to them and the country as a whole.He said the co-operation of Ghanaians would attract more investors in the petroleum sector as well as in other sectors of the economy for the growth and development of Ghana.In the 1960s, the Soviets drilled geological wells to an average depth of 700 metres and in the process discovered traces of oil and gas. There has not been any significant activity from 1978 until 1996 when the GNPC, in collaboration with the Ghana Geological Survey and the mining sector, embarked on exploration promotion and re-evaluation of the basin's potential.

THERE was disagreement between an accused person who is standing trial for allegedly attempting to export 60 cans containing cocaine to the United Kingdom and an investigator in the case.Although the cans were labelled as GhanaFresh Palmnut Cream concentrate, they were later found to contain cocaine.While the accused person, Emmanuel Darkey, 50, insisted that Mr James Arthur Hutchful, an official of the Narcotics Control Board (NACOB), had told the court a pack of lies in connection with his (Mr Hutchful’s) evidence against him, Mr Hutchful persisted that he was speaking the truth.It all started when the trial judge asked the accused person whether or not he had any questions for Mr Hutchful, who had then completed giving his evidence-in-chief, as well as answered questions under cross-examination.Darkey is currently standing trial at the Accra Fast Track High Court and has pleaded not guilty to one count of attempting to export narcotic drug.He is currently in custody.Mr Hutchful had informed the court that the accused person had claimed ownership of the 60 cans but Darkey denied ever making such an admission.The following transpired between Mr Hutchful and Darkey:Darkey: Are you sure I told you I gave the cans to the freight forwarder for shipment?Mr Hutchful: Yes, I am.Darkey: You are telling lies to the court. You never asked my name or whether or not I was the owner of the cans.Mr Hutchful: I am telling the truth to the court. I asked your name. You also told me you were the owner of the 60 cans.Darkey: There were 20 cartons and not three. (Darkey stated this in answer to Mr Hutchful’s earlier evidence that he (Mr Hutchful) had been given three boxes containing the 60 cans to inspect and conduct a field test.)Mr Hutchful: The boxes were three and not 20.Darkey: Do you know there were pressmen who were taking pictures when I was at the BNI? Did you know the Director of the BNI entered the room where we were?Mr Hutchful: I did not see any press man. I did not see the Director of the BNI come into the room.Darkey: Did you hear the Director of the BNI asking us to help trace the owner of the cocaine? (Darkey was referring to himself and Kirk Patrick Akoto Bekoe, a freight forwarder who had been earlier arrested with Darkey but had been discharged and has since been used as a prosecution witness against Darkey).Mr Hutchful: I did not see the Director of the BNI enter the room or hear him say anything.Mr Hutchful had earlier informed the court in his evidence-in-chief that he conducted a field test on one of the cans and the substance tested positive for cocaine.He said all the 60 cans were later packed into a big box and sealed, in the presence of the accused person and other people present in the room.During cross-examination by the defence, the witness informed the court that he had been conducting field tests for the past 16 years, adding that he did not open the other cans to test.According to him, it was a normal procedure not to test everything and he further explained that the substance was tested in the presence of the accused person and others.A Principal Scientific Officer of the Ghana Standards Board (GSB), Mr James Ataki, informed the court in his evidence- in-chief that the contents of the 10 cans which were opened tested positive for cocaine.He said the gross weight of the 60 cans which were sent to the GSB by the BNI was 60,000 grammes, while the net weight was 54,000 grammes.Mr Ataki said the cocaine tested 65.1 per cent for purity.Answering questions under cross-examination, Mr Ataki informed the court that 10 out of the 60 cans were opened, adding that he submitted the report on the test conducted on December 10, 2007.The evidence of a fourth prosecution witness was heard in camera, after the court announced, at the instance of the prosecution, that all other persons, except the prosecution, the defence, the accused person and security officials, should remain in the court room.Bekoe, 28, who was charged with unlawful possession of narcotic drugs with Darkey, has since been discharged.He was discharged by the Greater Accra Regional Tribunal on November 30, 2007, after the Attorney-General’s Department had filed a nolle prosequi to discontinue with his prosecution. Bekoe is now a prosecution witness and has since testified against Darkey.

THE Chief of Akuse, Nene Teye Titriku I, has filed a motion praying the Accra High Court to cite the District Chief Executive of the Manya Krobo District Assembly, Mr David Sakitey Asare, for contempt of court.According to Nene Titriku, Mr Sakitey allegedly commented on a suit which is currently praying the High Court to declare Akuse as part of the Dangme West District Assembly.The plaintiff stated that the District Chief Executive in the October 26, 2007 edition of the Daily Graphic said Akuse belonged to Manya Krobo District Assembly thereby rubbishing the ongoing suit in which more than 30 applicants were challenging the demarcation of Akuse as part of the Manya Krobo District Assembly. However, the DCE has denied the claims of Nene Titriku on the grounds that he (DCE) was making reference to facts as contained in various documents to impress upon the people of Manya to endeavour to co-exist peacefully.An affidavit in support of the motion for contempt deposed by Nene Titriku said after the publication, he (Nene Titriku) and the applicants in the substantive case wrote to the defendant to give him (defendant) an opportunity to refute the publication but the defendant ignored the gesture.“If the report stands, it brings the administration of justice into total disrepute,” the plaintiff stated, and accordingly prayed the court to cite the defendant for contempt of court.In an affidavit in opposition, Mr Sakitey denied being contemptuous towards the court, adding that the plaintiff was not entitled to any relief.He said the application was without merit, incompetent and improper and should, therefore, be thrown out by the court.At the court’s sitting in Accra on Monday, it emerged that the defendant had not been personally served.The case was accordingly adjourned to December 19, 2007 for the defendant to be served.

AN electronic public address system has been inaugurated at the Court of Appeal in honour of the late Mrs Justice Ruth Annie Jiagge, the first Ghanaian female Court of Appeal judge.The Court of Appeal was, in Mrs Justice Jiagge's, time the highest court in Ghana.The public address system was provided by Mr K. Ofori Yeboah, the Managing Director of Ofori Electronics Company, who was once assisted by Mrs Justice Jiagge to establish the company.Speaking at the ceremony at the weekend, Mr Yeboah said Mrs Justice Jiagge’s name “is very pronounced in the field of law. In this area, her rare stoicism and inborn resistance made her chalk up a series of firsts, despite the frustrations she faced from some quarters”.He said Mrs Justice Jiagge played a very pivotal role in the establishment of his company and for that matter he was very delighted to establish the public address system in her honour.Recounting how Mrs Justice Jiagge helped him, Mr Yeboah said she had visited The Netherlands in the 1970s and seen his radios christened "Ofori Soundz" which he had then produced for sale in some shops in The Hague.Upon seeing his works, Mrs Justice Jiagge convinced Mr Yeboah to set up his business in Ghana and, in the process, she helped him to secure a $300,000 import licence, among others."Indeed, as our friendship grew from strength to strength, I learnt so much from her. Some of her unique qualities which impacted greatly on me were her humility, her zeal for hard work, her commitment to duty, her loyalty to her country, her desire to promote made-in-Ghana goods and, above all, her insatiable appetite for truth and fair play," Mr Yeboah said."I also hope that this simple gesture of mine will propel this country further in our court computerisation programme, which, I think, is one of the pillars to move justice delivery forward," he added.In his address, a Supreme Court judge, Mr Justice S.A. Brobbey, on behalf of the Judicial Service expressed his gratitude to Mr Yeboah for his gesture.He expressed the hope that the installed equipment would further facilitate the delivery of justice in the country.The late Mrs Justice Jiagge (nee Baeta), a lawyer, social worker, women's rights activist and diplomat, was born on October 9, 1918.She was admitted to the London School of Economics and Politics in 1946 and later enrolled at Lincoln's Inn on February 26, 1947 to study both academic and professional qualifications in Law and was called to the Utter Bar on June 21, 1950.Rising through the ranks from being the first female magistrate, Mrs Justice Jiagge was appointed an Appeal Court judge in 1969.

Friday, December 14, 2007

December 13, 2007 (Page 50)Story: Mabel Aku BanesehA ¢338.5-million theft case involving three former workers of Yasarko Press Limited, a printing firm in Accra, has been adjourned to January 9, 2008 because the trial judge is on annual leave.The three, Hanson Lawrence, a former security officer of the Yasarko Press Limited, Joseph Oppong and Christian Aban, both former drivers of the company, were alleged to have acted together to steal ¢338.5 million belonging to the company.Hanson faces 34 counts of conspiracy and stealing while Oppong and Aban are each charged with one count of abetment of crime.They have all pleaded not guilty and have since been granted bail by the circuit court hearing the case.Two mini-buses which Hanson allegedly used the stolen money to purchase have been impounded by the police.An amount of ¢31 million was also retrieved from Hanson’s bank accounts.The facts of the case are that on August 17, 2006 the accountant of Yasarko Press Limited detected the theft of 29 cheque leaflets from the company’s cheque books which were normally kept at the Managing Director’s office.According to the prosecution, the accountant informed the Managing Director, who then followed up to the Dansoman branch of the Standard Chartered Bank where 13 photocopies of stolen cheques were obtained.Following the arrest of the accused persons, the police retrieved four additional photocopies of stolen cheques from the bank.It was later found out that a total of ¢338.5 million had been withdrawn from the company’s accounts.Security cameras at the Dansoman Branch of the Standard Chartered Bank revealed Oppong and Aban cashing money with the stolen cheques on June 23, 2006 and June 28, 2006 respectively at the instance of Hanson.Forensic examinations revealed that Hanson prepared and signed all the cheques.Investigations also revealed that Hanson cashed majority of the cheques with Oppong and Aban cashing two of the stolen cheques.The evidence of four prosecution witnesses have so far been taken.

December 14, 2007 (Centre Spread)Story: Mabel Aku BanesehTHE Accra Circuit Court yesterday sentenced a painter to 10 years’ imprisonment with hard labour for pouring hot cooking oil on his girlfriend.Philip Kwaku Ofori, aka Koo Fori, poured the oil on Janet Akos Amoah after Janet had attempted to separate a fight between Ofori and Janet's sister on November 19, 2007.Janet, who sustained severe burns, is currently receiving treatment at the Korle-Bu Teaching Hospital.Ofori was sentenced on his own plea of guilt to one count of causing harm by the court, presided over by Mrs Georgina Mensah-Datsa.The facts of the case are that the convict and Janet entered into a relationship six years ago as a result of which they had a five-year old child.However, things turned sour leading to the ejection of Ofori from Janet's family house in Achimota.Following his ejection, Ofori managed to stay in a kiosk opposite Janet's house and on that day around 11.00 a.m., Ofori bought fried yam and fish by the roadside and while eating around the area, he picked up a fight with Janet's sister.On hearing of the fight, Janet came out of her room to separate the two and in the process, Ofori got offended and assaulted her.Janet then retreated to her room amidst tears but that did not deter Ofori who went back to where he bought the yam, picked up a frying pan full of hot cooking oil and poured it on Janet.Ofori took to his heels after committing the crime but he was apprehended by residents in the area and handed over to the police.

December 11, 2007 (Back page)Story: Mabel Aku BanesehA FREIGHT FORWARDER, Kirk Patrick Akoto Bekoe, 28, who was charged with unlawful possession of narcotic drugs has been discharged by the Greater Accra Regional Tribunal.He was discharged by the tribunal on November 30, 2007, after the Attorney-General’s Department had filed a nolle prosequi to discontinue with the prosecution. However, Emmanuel Darkey, the exporter of the 60 cans of palmnut cream concentrate which contained cocaine meant for export to the United Kingdom is currently standing trial at the Fast Track High Court.Bekoe is now a prosecution witness and has since testified against Darkey.In his testimony, Bekoe informed the court that Darkey on October 13, 2007 brought 60 sealed and labelled tins of canned palm nut soup to his (Bekoe’s) house in Madina to be added to an assemble of food items for shipment to the United Kingdom.According to him he was arrested by the Bureau of National Investigations (BNI) operatives while sorting out the various food items for scanning.He said it was during interrogation that he informed the BNI officials that Darkey was the exporter of the consignment.He denied knowing the content of the consignment. Hearing of the case continues in Accra on Friday, December 14, 2007.Bekoe was discharged when his counsel, Mr Godfred Yeboah Dame, filed a motion for bail at the High Court.The facts of the case are that acting upon tip off, security personnel proceeded to Bekoe’s house and arrested him on October 13, 2007.Upon interrogation, Bekoe mentioned Darkey as the one who brought the items to him for shipment to his (Darkey’s) address in the UK.According to the prosecution, Darkey was arrested on the same day and he (Darkey) claimed the sealed cans containing cocaine were given to him by a man called Michael Osei for shipment to the UK.Darkey informed the security officials that there was no way he could have known that the contents of the sealed 60 tins were not palm nut soup as he was made to believe.

December 8, 2007 (Page 23)Story: Mabel Aku BanesehTHE Commercial Court in Accra on Thursday December 6, 2007 restrained Investment Consortium Holdings, SA (Investcom), the majority shareholders of MTN, from seeking arbitration in a matter brought against it and two others by a Ghanaian businessman.Investcom was seeking arbitration in the London Court of Arbitration on a suit filed against it by Mr Richmond Aggrey and two others, namely, Scancom Ghana Limited, operators of MTN, and Grandview Management, Texas, but counsel for Mr Aggrey filed an application for interlocutory injunction restraining Investcom from further proceeding with the arbitration processes in London.The court held that the issues in controversy before it were not issues that could be determined by arbitration, adding that the issues could be heard by a Ghanaian court of competent jurisdiction.It accordingly upheld submissions by counsel for Mr Aggrey, Mr Yonni Kulendi, who said Mr Aggrey could not be called to go on arbitration, which was normally between shareholders, because, as it stood now, Investcom was challenging Mr Aggrey’s claim of 20 per cent shares in Scancom Ghana Limited.Following the court’s ruling and the fact that none of the parties have filed a new application, a pre-trial conference between the parties would be held at the Commercial Court complex in Accra on December 13, 2007.The new Commercial Court rules require that there should be a pre-trial conference to offer parties an opportunity to settle their differences within 30 days after parties had filed their pleadings, which they (parties) have so far done.The pre-trial conference, which is normally heard in camera, will be presided over by another judge and if parties are not able to resolve the matter within the 30-day period, the matter would then go for trial.On November 19, 2007, counsel for Mr Aggrey, Mr Yonni Kulendi, stated that the conduct of the applicant was improper because it was making all moves calculated at frustrating the court and Mr Aggrey from proceeding with the court action.He said looking at the balance of convenience, obvious damage would be occasioned if the court did not take steps to stop the arbitration which was proceeding in earnest.For his part, counsel for Investcom, Mr Felix Ntrakwah, said the plaintiff went to court, knowing very well that there was an arbitration clause in the shareholders’ agreement.According to him, the application was brought when the arbitration had already commenced.Counsel said the plaintiff had not demonstrated that the arbitration was void, adding that Investcom did not need to seek the leave of the court to arbitrate.He said his client’s action was not an act of disrespect towards the court and explained that his client would lose substantially if the court granted the plaintiff’s application.In November last year, Scancom Ghana Limited, operators of MTN, then Areeba, filed an appeal challenging the Commercial Court’s dismissal of its application to strike out Mr Aggrey’s suit.The applicant had prayed the Court of Appeal to set aside the lower court’s ruling and accordingly strike out the plaintiff’s writ of summons for non-compliance with a section of the new High Court procedure rules but the Court of Appeal dismissed the application and accordingly upheld the Commercial Court’s decision.Scancom filed another application praying the Commercial Court to stay proceedings in the substantive matter pending the outcome of the appeal but that application was also dismissed.The Commercial Court in Accra on October 20, 2006 dismissed a motion filed by Scancom Ghana Limited which prayed the court to strike out a writ of summons filed by Mr Aggrey against Scancom and the two other defendants for non-compliance with the High Court rules.The plaintiff sued Investcom, the majority shareholder in Scancom, and Grandview Management Limited when Scancom decided to engage in a merger deal with MTN Incorporated of South Africa. The deal has, however, been concluded, following the transfer of all shares in Scancom to the South African company.That was after a High Court order on July 14, 2006 which restrained Scancom and other respondents from "continuing, progressing and or concluding the merger with and/or acquisition of Investment Consortium Holdings by MTN Company of South Africa without taking into account and/or providing for the plaintiff's 20 per cent shares in Scancom Limited".The closure of the acquisition, according to Mr Aggrey, would occasion the loss of his shareholding in the company by reason of the accrual of the rights of the MTN Group as a third party.Mr Aggrey's contention was that his name had been removed from the shareholders’ list of Scancom without any explanation, adding that the particulars of the directors and shareholders of Scancom obtained from the Registrar General's Department, dated June 2, 2006, and signed by Mr K.A. Ohene-Obeng, a Chief State Attorney, for the Registrar of Companies, showed that Mr Aggrey's name was not included in the shareholders’ list.It said the onus was on the company to explain how Mr Aggrey ceased to be a shareholder.In his substantive writ, Mr Aggrey was claiming against the defendants, jointly and severally, an order directed to Scancom to pay him his true dividends declared from the 2000 to 2005 financial years.He also sought the rectification of the membership of Scancom Ltd to include his name and restore him to his position as a shareholder and director of the company.

Thursday, December 13, 2007

December 7, 2007 (Page 3)Story: Mabel Aku BanesehTWO of the seven persons who allegedly stole Ghana Oil Company Limited (GOIL) fuel coupons worth ¢9.1 billion and are currently on the run will be tried in absentia even if they do not show up to answer the charges levelled against them.Edem Gasu and Sylvester Asimenu, both machine operators at Camelot Ghana Limited, printers of the coupons, have been charged with conspiracy and stealing.The other accused persons in the case are Emmanuel Amegashie, 45, Production Technician of Camelot Ghana Limited; Lawrence Avorgbedor, 24, former employee of Camelot Ghana Limited; Joshua Kwamina Asamoah, 30, a taxi driver; Samuel Kofi Addo, 43, a former fuel pump attendant at the Dansoman GOIL Filling Station, and Ebenezer Charway, 24, a machine operator at Camelot Ghana Limited.Amegashie, Avorgbedor, Asamoah, Addo and Gasu were yesterday arraigned before the Accra Fast Track High Court after they had been discharged at the circuit court in Accra on Wednesday at the instance of the prosecution.The accused persons have been charged with conspiracy and stealing. Their pleas have not been taken.Amegashie, Avorgbedor, Asamoah and Addo were remanded to appear again on Tuesday, December 11, 2007.Gasu was not remanded because he was on police enquiry bail. Hearing is expected to commence on the next adjourned date.At the court’s sitting in Accra yesterday, a Principal State Attorney, Mr William Kpobi, said the Constitution required that a notice should be posted at the last place of abode of the two accused persons who are on the run for two weeks, after which the trial would commence. But counsel for the other accused persons disagreed and said their clients should not be made to suffer because of the absence of the two accused persons.The police have since seized two vehicles, a BMW saloon car and a Toyota Four Runner, belonging to Avorgbedor, and a KIA saloon car belonging to Asamoah.Initial investigations revealed that Amegashie, who was also in charge of Quality Control, Plant, Equipment and Electrical Maintenance, allegedly went into the hologram vault room and stole more than 30,000 leaflets of the GH¢20 and GH¢15 denominations of the fuel coupons and gave them to Avorgbedor for sale.Avorgbedor then printed serial numbers on the coupons and gave them to Asamoah, who in turn gave them to Addo for sale.The facts of the case are that Amegashie was caught on camera carrying the items out of the Hologram and Micro Numbering Vault rooms of Camelot Ghana Limited. According to the prosecution, Addo began selling the stolen coupons after he had been contracted by Asamoah to do so and later resigned as a fuel station attendant to sell the coupons full-time.The prosecution stated that the Audit Department of GOIL later detected that the serial numbers printed on the coupons were different from the genuine coupons. It then alerted the other filling stations to be on the look out, and on October 30, 2007, Addo was arrested at the Dansoman GOIL Filling Station when he went there to sell the coupons.Addo’s arrest eventually led to the arrest of the other accused persons.

Thursday, December 6, 2007

THE Court of Appeal yesterday dismissed an application which sought to introduce fresh evidence in an appeal filed by Dan Abodakpi, a former Minister of Trade and Industry, against his 10-year conviction for causing financial loss of $400,000 to the state.Abodakpi had prayed the court to admit his application which accused the trial judge, Mr Justice S.T. Farkye, of having risen from the courtroom on the day of judgement, at the instance of Mrs Justice Abban, an Appeal Court judge, to hold discussions with her, thereby acting in a manner that gave rise to real likelihood of bias.According to Abodakpi, during the discussions, Mrs Justice Abban had directed Mr Justice Farkye to impose a 10-year sentence, instead of the four years which Mr Justice Farkye had intended to impose on Abodakpi.In an unanimous decision, the court, presided over by Mr Justice S.E. Kanyoke, with Mr Justice F. Kusi-Appiah and Mr Justice Yaw Appau as panel members, held that the application was misplaced and had no merit whatsoever.The court affirmed that the appellant’s allegations were not credible because they were mere speculations.It said granted the allegation was true, it was not a relevant issue before the court which was trying the appellant for causing financial loss to the state.It further held that the allegation was not a piece of evidence that could be adduced at the trial court, adding that the appellant failed to inform the court whether there was a third party who overheard the two judges talking.According to the court, the two judges were Court of Appeal judges who met daily and well before the appellant stood trial, and for that matter the appellant’s allegations did not make sense to the court.It pointed out that the appellant himself had admitted that what he (appellant) sought the court to do was unusual.The court, accordingly, dismissed the application. A date is yet to be fixed for the hearing of the substantive appeal.Abodakpi, who wore a white linen shirt, was escorted back to prison after the ruling.

THE Ministry of Finance and Economic Planning has denied claims by telecommunication operators in the country that the proposed tax on mobile phone talk time can derail the national economy in the long term.It said, on the contrary, the proposed tax would generate an annual revenue of GH¢100 million (¢1 trillion) for the state for development projects.Currently, the state gets less than one per cent of the projected revenue of GH¢100 million from taxes on mobile phones.Reacting to claims by telecommunications operators that the tax would rather inflict enormous distress on service providers, subscribers and the government, the ministry said the only losers in the new proposal would be the smugglers of cellular phones into the country.In an interview with the Daily Graphic, the Director of Budget at the Ministry of Finance and Economic Planning, Mr Kwabena Adjei-Mensah, said about 95 per cent of cellular phones brought into the country this year were smuggled, leading to the loss of billions of cedis in revenue to the state.“For instance, the revenue generated on cellular phone tax by the Customs, Excise and Preventive Service (CEPS) was $5 million, which was less than one per cent of what the government should have generated,” he said. He assured cellular phone users that the introduction of the new system where they would be required to pay one pesewa per minute would result in a drastic reduction in cellular phone prices, as well as a reduction in the prices on talk time.He explained that cellular phone importers were initially required to pay 10 per cent duty, 15 per cent VAT, five per cent ECOWAS levy, handling charges, among others.That system, he said, had been scrapped because smugglers paid nothing to the government but in the long run succeeded in selling cellular phones at very high prices to users.Mr Adjei-Mensah said money accruing from the proposed talk tax would go into the National Youth Employment Programme (NYEP), the capitation grant, free screening for cancers related to cellular phone use and screening for breast and prostate cancers.He further stated that users of cellular phones stood to benefit from the proposed talk tax because cellular phones would be far cheaper than they were now, adding, “We are not only talking about tax but also how to develop mobile phone handsets in Ghana.”“Mobile phone use will triple in the next two years and that will generate more revenue, more market and more employment for the government and Ghanaians, while prices in airtime will reduce drastically. Competition will be keener and the only loser is the smuggler,” Mr Adjei-Mensah pointed out.He said empirical studies in Pakistan revealed that the government removed import duties and tax on mobile phones in 2005 and that resulted in the increase in the use of mobile phones from five million in 2004, 15 million in 2005 and 55 million in 2007.That, Mr Adjei-Mensah stated, was an indication that mobile phone use would triple in the next couple of years and it was, therefore, important that the government put the necessary measures in place to ensure that all players in the telecommunications sector benefited.

Wednesday, December 5, 2007

THE blood-soaked underwear of the three-year-old girl who was alleged to have been indecently assaulted by a 57-year-old British national was yesterday tendered in evidence at the Accra Circuit Court.The victim’s pants, which was soaked in blood, and her skirt, which also had traces of blood, were tendered in evidence as exhibits by the investigator, Detective Inspector Emmanuel Kwasi Atakplai.Thomas Alan Tichler, a consultant, was alleged to have inserted his fingers into the victim’s private parts, resulting in the girl bleeding The accused person, who pleaded not guilty to the charges of causing harm and indecent assault, has been refused bail by the court presided over by Mrs Georgina Datsa-Mensah.Mr Atakplai said he was assigned to investigate the case after the accused person had been brought to the Legon Police Station by the victim’s parents around 1.50 p.m. on October 13, 2007. Led in evidence by a State Attorney, Ms Barbara Sackey, the investigator informed the court that he had been informed by the victim’s parents that Tichler had indecently assaulted their daughter.According to him, he interrogated both the complainants and the accused person and later took Tichler to the Legon Hospital for examination.He said a doctor examined the accused person but found no evidence and at a point the accused person asked the doctor to conduct forensic examination on his (accused person’s) hands, to which the doctor replied that the hospital did not have the facilities to conduct that test.Mr Atakplai said he then took Tichler to the Police Hospital, where a doctor also said the chemicals were not available to conduct tests on the accused person’s fingers.During cross-examination by one of the lawyers for Tichler, Mr Ellis Owusu-Fordjour, the investigator said the doctor at the Legon Hospital examined the accused person’s genitals but he (investigator) could not wait for a medical report because the accused person insisted that he (accused person) should be taken to the Police Hospital for a forensic test. The investigator said the Police Hospital could not conduct the forensic examination because it also did not have chemicals to do so.He said he did not complete investigations because he was instructed to hand over the docket on the case to the Domestic Violence and Victims Support Unit (DOVVSU) of the Police Service.Earlier, a gynaecologist at the 37 Military Hospital, Lt Col (Dr) Chris Agbeka, had informed the court, during cross- examination, that the victim bled for a number of days but did not acquire any infection.Dr Agbeka said the victim tested negative for HIV and urinal culture which was conducted on her.Answering questions posed by Mr Tony Lithur, one of the lawyers for Tichler, Dr Agbeka said there was no trauma on the victim’s genital area, adding that the victim’s hymen was not broken.He, however, stated that there were bruises on the victim’s genital area but he could not tell what was used to cause them.According to Dr Agbeka, the victim’s parents had been very upset when they brought the victim to the 37 Military Hospital for examination.The evidence of the girl (name withheld) has been taken in camera, according to law, in order to protect her identity .She was said to have identified the accused person, whom she referred to as Uncle Tom, as the one who indecently assaulted her.The evidence of her two siblings, aged six and eight, was also taken in camera.The facts of the case are that Tichler allegedly committed the offence at the victim’s residence on October 13, 2007, barely a week after he had arrived in the country for a three-month attachment.Tichler visited the victim’s father at North Legon, near the Redco Flats, on October 13, 2007 and on reaching there, the victim’s father left the victim and her two siblings in his care in order to purchase some items from town.Tichler engaged the victim and her two siblings in the sitting room but later managed to engage the victim alone and succeeded in inserting his fingers into her private parts.

THE Accra Fast Track High Court yesterday struck out a libel suit brought against Mr Raymond Okudzeto, a businessman, and the Ghanaian Chronicle newspaper by Regent Torgbui Sri III.The court, presided over by Mr Justice Kwasi Anto Ofori-Atta, struck out the case after counsel for Mr Okudzeto had prayed the court to dismiss the case, since the plaintiff appeared not to be interested in pursuing the case.It also awarded costs of ¢20 million against Regent Torgbui Sri.The plaintiff, known in private life as Francis Nyonyo Agboada, was seeking general damages for libel he claimed was contained in the October 31, 2005 edition of the Ghanaian Chronicle, with headline Re-Raymond tackles Mafioso,” which questioned the transparency in the operations of the trust fund set up by him.He also prayed for an injunction restraining the defendants and or their agents from further publishing anything defamatory about him.According to Regent Sri, the words published in the newspaper suggested that he was a criminal and would use money realised by the Hogbe Trust Fund to pay for his bank debts.At the court’s sitting in Accra yesterday, neither Torgbui Sri nor his counsel was present, prompting counsel for Mr Okudzeto to request the court to strike out the case.Mr Sam Okudzeto, a legal practitioner, said the plaintiff had appeared only once within five consecutive times to pursue the case he had instituted.He prayed the court to award costs of ¢50 million but the court awarded ¢20 million instead.In his statement of claim, Regent Torgbui Sri had argued that in his capacity as the regent of Awoamezi, he launched the Anlo Hogbe Trust Fund in which an amount of ¢2 billion had been realised.He, therefore, argued that the publication created the impression that he was preparing to commit a crime of fraudulent breach of trust, contrary to sections 19 and 128 of the Criminal Code of 1960, Act 29.He said the words published were calculated to disparage him in his business and his position as the initiator of the trust fund, noting that it had brought him into public ridicule, odium and contempt.Regent Torgbui Sri said unless restrained by the court, the defendants would further defame him.In their statement of defence, the defendants contended that the matters complained of by the regent were matters of fair comment, of public interest and general pieces of advice to the people of the Anlo State.The first defendant, Mr Okudzeto, contended that being a prominent Anlo citizen and of royal background, he was entitled to make those observations which questioned the transparency in the operations of the trust fund.The defendants further contended that the words used in the publication did not specifically mention the regent as a criminal who would use the money realised from the trust fund to settle his indebtedness to a bank.

THE Accra Fast Track High Court yesterday struck out a libel suit brought against Mr Raymond Okudzeto, a businessman, and the Ghanaian Chronicle newspaper by Regent Torgbui Sri III.The court, presided over by Mr Justice Kwasi Anto Ofori-Atta, struck out the case after counsel for Mr Okudzeto had prayed the court to dismiss the case, since the plaintiff appeared not to be interested in pursuing the case.It also awarded costs of ¢20 million against Regent Torgbui Sri.The plaintiff, known in private life as Francis Nyonyo Agboada, was seeking general damages for libel he claimed was contained in the October 31, 2005 edition of the Ghanaian Chronicle, with headline Re-Raymond tackles Mafioso,” which questioned the transparency in the operations of the trust fund set up by him.He also prayed for an injunction restraining the defendants and or their agents from further publishing anything defamatory about him.According to Regent Sri, the words published in the newspaper suggested that he was a criminal and would use money realised by the Hogbe Trust Fund to pay for his bank debts.At the court’s sitting in Accra yesterday, neither Torgbui Sri nor his counsel was present, prompting counsel for Mr Okudzeto to request the court to strike out the case.Mr Sam Okudzeto, a legal practitioner, said the plaintiff had appeared only once within five consecutive times to pursue the case he had instituted.He prayed the court to award costs of ¢50 million but the court awarded ¢20 million instead.In his statement of claim, Regent Torgbui Sri had argued that in his capacity as the regent of Awoamezi, he launched the Anlo Hogbe Trust Fund in which an amount of ¢2 billion had been realised.He, therefore, argued that the publication created the impression that he was preparing to commit a crime of fraudulent breach of trust, contrary to sections 19 and 128 of the Criminal Code of 1960, Act 29.He said the words published were calculated to disparage him in his business and his position as the initiator of the trust fund, noting that it had brought him into public ridicule, odium and contempt.Regent Torgbui Sri said unless restrained by the court, the defendants would further defame him.In their statement of defence, the defendants contended that the matters complained of by the regent were matters of fair comment, of public interest and general pieces of advice to the people of the Anlo State.The first defendant, Mr Okudzeto, contended that being a prominent Anlo citizen and of royal background, he was entitled to make those observations which questioned the transparency in the operations of the trust fund.The defendants further contended that the words used in the publication did not specifically mention the regent as a criminal who would use the money realised from the trust fund to settle his indebtedness to a bank.

THE Attorney-General on Monday told the Fast Track High Court that the institution of criminal action against former First Lady, Nana Konadu Agyeman Rawlings, and four others for causing financial loss to the state was not an abuse of his powers.Mr Joe Ghartey, who is also the Minister of Justice, said the institution of criminal action against the five was based on the Auditor-General's report on the malfeasance committed by the accused persons in the acquisition of the GIHOC/Nsawam Cannery.The Attorney-General was replying to a submission by counsel for Nana Konadu Agyeman Rawlings, and two others, who was praying the Accra Fast Track High Court to stay or, in the interim, dismiss the case in which his clients had been accused of allegedly causing financial loss to the state.On November 15, 2007, Mr Tony Lithur stated that the criminal proceedings brought against his clients amounted to an abuse of power by the Attorney-General.Nana Konadu Agyeman Rawlings, Sherry Ayittey, the Managing Director of Caridem Development Company Limited (CDCL) and Caridem as an entity, filed the application for permanent stay of proceedings because the subject matter for which they were standing trial was being contested in another court in a civil suit brought against the Divestiture Implementation Committee (DIC) and the Attorney-General by CDCL over the takeover of the GIHOC Nsawam Cannery.Also standing trial alongside the applicants are Emmanuel Amuzu Agbodo, a former Executive Secretary of the Divestiture Implementation Committee (DIC) and Kwame Peprah, a former Minister of Finance and former Chairman of the DIC. They are facing various charges of conspiracy, causing financial loss to public property, conspiracy to obtain public property by false statement, obtaining public property by false statement and altering forged document.They have denied the offences and have been admitted to self-recognisance bail.The accused persons were alleged to have caused a loss running into billions of cedis to public property in 1995, following the divestiture of the GIHOC Cannery at Nsawam, a government cannery, which was acquired by Caridem Development Company Limited, which was owned by the 31st December Women’s Movement (DWM). Replying to submissions by counsel, Mr Ghartey described the application as unmeritorious, adding that it was totally unknown in criminal law and the Constitution.He said the effect of the application was to interfere with powers of the Attorney-General in Article 88 of the Constitution.According to the Attorney-General, for the applicants to request the court to stay proceedings in a criminal matter suggested that they (applicants) were above the law.He said the Auditor-General was empowered by law to investigate matters and accordingly make recommendations and for that purpose, his outfit was acting in accordance with the Auditor-General's recommendations.He further argued that the applicants did not come under any statutory provision, adding that the court should not entertain the accused persons’ application.Counsel for the applicants are expected to respond to the Attorney-General's submissions on points of law today.The court, on July 13, 2006, dismissed an application filed by the applicants praying the court to stay proceedings, pending the outcome of a civil suit which had connection with the criminal case brought against the applicants and two others. However, the court dismissed the application and described it as premature.All the accused persons were present in court.As usual, supporters of the accused persons were on the court premises in their numbers and were drumming and dancing to show their solidarity to the accused persons.

THE trial judge who sentenced Dan Abodakpi, a former Minister of Trade and Industry, to 10 years imprisonment for causing financial loss of $400,000 to the state has denied holding any discussions on with another judge on the Abodakpi’s case judge on the day he delivered the judgement.He, however, admitted meeting another judge before he delivered judgement on the day in question."I went out to meet my then sister, Mrs Henrietta Abban, to collect copies of Acts 29 and 30 which I had earlier asked her to furnish me with to enable me to refer to them in the delivery of the judgement in the case," Mr Justice S. T. Farkye, a retired Court of Appeal judge, stated."My judgement in the trial of the applicant, which was written, was not in any way influenced by the collection of the said acts from my said sister, as can be attested by the flow of the language of the said judgement when I read it in open court," he continued.Mr Justice Farkye said this in an affidavit in opposition to an application by Abodakpi which had accused him of having risen from the courtroom on the day of judgement at the instance of Mrs Justice Abban, an Appeal Court judge, to hold discussions with her, thereby acting in a manner that gave rise to real likelihood of bias.According to Abodakpi, during the discussions, Mrs Justice Abban directed Mr Justice Farkye to impose a 10-year sentence, instead of the four years which Mr Justice Farkye had intended to impose on Abodakpi.Mr Justice Farkye denied the appellant's claims and said, "I spent less than two minutes with my said sister and it is, therefore, patently untrue that I went out to have discussions with her on the judgement I was delivering."He said the allegation of interference and bias made against him did not form part of the issues determined at the trial of Abodakpi and, consequently, "the jurisdiction of this honourable court cannot be properly invoked to enable the applicant to adduce fresh evidence as he is trying to do by his application".Mr Justice Farkye, accordingly, prayed the court to dismiss the application, which he described as "totally misconceived".For her part, the acting Director of Public Prosecutions (DPP), Ms Gertrude Aikins, said Abodakpi's application was without merit, misconceived and calculated to embarrass the two Justices of Appeal.She said a look at the judgement in its entirety showed that it flowed naturally and was the product of the learned trial judge.According to the prosecution, the incidence of trial judges leaving the reading of judgements in the middle was not unusual, as judges were human beings and suffered from human frailties.Ms Aikins argued further that neither Abodakpi nor his lawyer was in the room with the two judges to hear what transpired between them, adding that "no foundation has been laid for invoking the court's jurisdiction for the introduction of the fresh evidence".A legal practitioner, Mr Frank Davis, was in court to represent Mrs Justice Abban's interest.The court, presided over by Mr Justice S.E. Kanyoke, with Mr Justice F. Kusi-Appiah and Mr Justice Yaw Appau as panel members, will give its ruling in the matter tomorrow.On November 1, 2007, the Court of Appeal refused to grant bail to Abodakpi on the grounds that the record of proceedings at the lower courts was not available to ascertain whether or not there had been miscarriage of justice against him.Abodakpi had applied for bail pending the outcome of the appeal which he filed on the grounds that his conviction was wrong and, therefore, amounted to a miscarriage of justice.

Tuesday, December 4, 2007

A Liquefied Petroleum Gas (LPG) filling plant situated at Dansoman, H. Adjei Ventures, has sued the Accra Metropolitan Assembly (AMA) and its chief executive for illegally closing down the gas plant.The plaintiff is praying the Accra Fast Track High Court to declare as illegal the closure of the plant by the assembly as well as order the defendants to allow the plaintiff to operate. In the alternative, the plaintiff is praying the court to award special damages of ¢3.75 billion being the cost of setting up the gas filling station. A statement of claim accompanying the writ filed on behalf of the plaintiff by Mr Joseph Akyeampong, a legal practitioner, also prayed the court to, in the alternative, order the defendants to pay special damages of ¢7.8 million being daily sales from October 9, 2007 till date of final judgement.The plaintiff is also praying the court to award costs against the defendants.According to the statement of claim, the gas plant had been granted permits by the AMA, the Environmental Protection Agency (EPA), the Ghana National Fire Service (GNFS), the Atomic Energy Commission (AEC) and the National Petroleum Authority (NPA) to operate in accordance with the law."On November 23, 2005, the AMA in response to a confirmation of the zoning status of the area informed the plaintiff of its approval in principle for the establishment of the gas filling station by its planning committee", the statement of claim said.The plaintiff stated that the AMA said its (AMA's) approval was based on the fact that the area had assumed a mixed zone status which was in conformity with the Odorkor South revised layout.According to the plaintiff it complied with all the recommendations of the authorities which granted it permit to operate the gas plant.It said on October 9, 2007 the AMA through its chief executive unjustifiably and in contravention of its own assurances to allow the plaintiff to operate, caused its agents to close down the plant.The plaintiff further stated that the defendants’ action had caused it enormous loss of its investments.It accordingly prayed the court to grant its reliefs, since the defendants acted in contravention of the law.

THE docket on the 51-year-old man at the centre of PresidentKufuor’s car crash has been referred to the Attorney-General's office for advice.The Accra District Magistrate’s Court remanded Thomas Osei for two weeks following a submission from the prosecution that investigations were ongoing.Although counsel for Osei disagreed with the prosecution's request, the court presided over by Mr Samuel Diawuo, remanded him to appear again on December 14, 2007.Osei, whose saloon car ran into the President’s car, was charged with four counts of dangerous driving, negligently causing harm, driving under the influence of alcohol and failing to give way to a Presidential convoy.His plea has not been taken.The accused person, dressed in a long traditional attire, was whisked away in a waiting police vehicle immediately after the court hearing to serve his second remand in custody after he was first remanded by the court, popularly known as the "Motor Court" on November 16, 2007.Earlier, a Principal State Attorney, Mr Agyemang Duodu, prayed the court to remand the accused person, because the Attorney-General's office received the docket on the case the previous day (Thursday) and also because investigations into the matter had not been completed.He, therefore, prayed the court to remand Osei for completion of investigations in order for the appropriate charges to be levelled against him.Opposing the prosecution's application, Osei’s counsel, Mr Kwame Akuffo, said it was untenable for the prosecution to say a case of such national magnitude had not been completed.According to him, this was not the first time the President's convoy was involved in an accident.He said there was no mystery surrounding the case, because the facts presented by the prosecution were exactly what happened.Mr Akuffo prayed the court to intervene and order the prosecution to expedite action on the case, adding that the defence would co-operate fully with the prosecution for justice to be done to all.On November 16, 2007, Osei was remanded following a request by Chief Inspector Dora Seiwaah to the court to remand him for investigations to be completed.The facts of the case are that around 11.30 a.m. on November 14, 2007, Osei was spotted driving a Mercedes Benz SE 500 saloon car in the inner lane along the Liberation Link from the direction of Aviance towards the 37 Military Hospital.On arriving at a spot a few metres from the Opeibea House traffic lights, Osei drove into the rear side of the President’s vehicle, in spite of the fact that other motorists had been stopped to allow the president’s convoy to pass.The President’s car was being driven by Mr Osafo Addo in the middle lane from the direction of the Tetteh Quarshie Interchange towards the Castle, Osu, along the Liberation Road.The prosecutor said the impact of the crash forced the President’s vehicle to turn around, hit a light pole, and in the process, fell on its right side and landed on a VW Golf saloon carAll the vehicles involved in the accident got damaged, while the drivers sustained various degrees of injury and were rushed to the 37 Military Hospital for treatment.Mr Addo and the driver of the VW saloon car were treated and discharged, while Osei was admitted for treatment.The President, however, escaped unhurt.The police said initial investigations revealed that Osei was driving under the influence of alcohol.

Friday, November 30, 2007

THERE will be increased activities of oil drilling in Ghana by nine oil companies next year following the projected investment of more than $430 million by these companies.The companies are Afren and Celtique, a French and English company; Oranto Energy, a Nigerian company; Sterling Energy, UK; Vanco Energy, USA; Hess Corporation, USA; Kosmos Energy, USA; Tullow Energy, UK; Heliconia Energy, UK, and Devon Energy, USA.These companies are investing between $10 million and $100 million in their drilling activities next year.The Managing Director of the Ghana National Petroleum Corporation (GNPC), Mr Moses Oduro Boateng, in an interview with the Daily Graphic, said, “With the success chalked up with the finding of oil in the country, more companies have expressed interest in investing in the country’s oil sector.”He said following the massive interest oil companies had in the country’s energy sector, “we have become more critical and cautious about the size of acreage allotted. We also take into account the financial and technical capabilities of companies desiring to invest in the exploration sector”.Expatiating further on the activities of the companies, Mr Boateng said those companies, except Devon Energy, had six and a half years each to drill for oil in the country.“Devon Energy, whose licence expires next year, has declared its intention to strategically pull out of Africa,” he disclosed.“However, Devon Energy has committed to spend between $20 and $30 million in drilling a well in the Keta Basin if it is not able to sell its assets by next year,” Mr Boateng continued.He said Afren Energy had indicated its interest in the Devon block and was currently negotiating to buy out Devon.He said Afren and Celtique, Oranto Energy and Sterling Energy were expected to invest $50 million each in their activities in the Tano, Saltpond and West Keta blocks, respectively.Mr Boateng stated that Vanco Energy would invest $60 million, while Hess Corporation and Kosmos Energy would inject more than $40 million and $50 million, respectively, into their activities in the Western Region.He said Tullow Energy was expected to pump $100 million into its activities, while Heliconia Energy was expected to spend $10 million in conducting a three-dimensional seismic survey at Cape Three Points in the Western Region, after which it would evaluate and determine the next line of action to be taken.Mr Boateng explained that most of those companies were expected to drill exploratory wells in their respective areas of operation.He pointed out that Afren, Oranto and Sterling had applied to explore for oil and their application had since been negotiated, awaiting Cabinet approval and ratification by Parliament to enable them to explore for oil next year.Mr Boateng gave the assurance that the GNPC was committed to promoting exploratory activities to make Ghana an oil hub in the sub-region.

Thursday, November 29, 2007

After one year of court proceedings, one of the most sensational cocaine trials in the country ended in Accra yesterday with the sentencing of Kwabena Amaning, alias Tagor, and Alhaji Issah Abass to 15 years imprisonment each with hard labour.The two were found guilty by the Fast Track High Court on their self-confessed admissions of dealing in narcotic drugs at the residence of Assistant Commissioner of Police (ACP) Kofi Boakye in May last year and they are to serve their sentences from Wednesday, August 2, 2006, the day of their arrest.They were, however, acquitted and discharged on the charges of supply of narcotic drugs.The guilty verdict comes exactly 69 weeks after their arrest on various counts of conspiracy, engaging in prohibited business related to narcotic drugs and promoting enterprise related to narcotic drugs.The trial judge, Mr Justice Jones Dotse, criticised ACP Boakye for actively participating in the meeting as a drug dealer and expressed his displeasure at the failure of the Attorney-General to prosecute him along with the two convicts.He also criticised the first investigator in the case, Chief Inspector Justice Oppong, and his superiors at the Greater Accra Regional Police Command for searching the residence of the convicts four days after their arrest, instead of doing so immediately.According to the court, such unprofessional conduct on the part of the police officers gave room to the convicts to remove all traces of incriminating evidence, adding, “Inspector Oppong did nothing to merit the tag of investigator.”The two convicts were arraigned before the court on November 27, 2006 after the Justice Georgina Wood Committee, which had been tasked to investigate the missing 76 parcels of cocaine which were on board the MV Benjamin vessel, had recommended that they should be put on trial.Tagor, who was walking with the aid of crutches after he had sprained his leg in a football match while in custody, and Abass were immediately whisked away in a waiting vehicle by security officials, amidst the shedding of tears by their families and friends.Passing judgement, Mr Justice Dotse, an Appeal Court judge with additional responsibility as a High Court judge, described the convicts as “criminals who lost their heads and spoke profusely with loose tongues”.He said the two, together with ACP Boakye, Victor Kissei, alias Yaw Billah, Kwabena Acheampong and Alhaji Imoro, made self-confessed admissions in their previous cocaine transactions.Billah, Acheampong and Imoro had earlier been discharged by the Circuit Court in Accra after the Attorney-General had filed a nolle prosequi to discontinue their trial.The trial judge expressed his displeasure at the decision of the Attorney-General not to prosecute ACP Boakye, Billah and Imoro, whom he said were all guilty of dealing in narcotic drugs, adding, “Only time will tell.”He said without malice to ACP Boakye, he (the trial judge) was privy to the transcripts of the recorded conversation and stated that from what transpired at the meeting, it was apparent that all those present dealt in narcotic drugs. Mr Justice Dotse, however, said Acheampong had already been used as a prosecution witness and for that matter ACP Boakye could not have been a material witness, adding that “it is not too late to prosecute Kofi Boakye”.The court, however, said it would leave the matter to the entire discretion of the Attorney-General, who had the powers to decide on whom to prosecute.Turning to the conviction of Tagor and Abass, the judge held that he was “satisfied that the use of transcripts to prosecute has not breached any of our laws”.The court further held that experts invited to testify in the trial proved that the voice attributes in the tape recording were not disputed, adding that the convicts’ defence that they talked the way they did to bait ACP Boakye was false.It affirmed that “the meeting was held by business brothers in a cordial atmosphere and on a happy note. There were no missing links, thanks to Chief Inspector Charles Adobe, who conducted himself professionally”.The court further held that the convicts and the others at the meeting all agreed to act together to pursue the missing 76 parcels of cocaine and share the proceeds accordingly.It said it was not true that the convicts were baiting ACP Boakye, adding that if that was so, they would not have spoken the way they did.It further deduced that Mr Adobe was able to prove that terms such as “keys”, “safe”, “goods” and “business” which were all used in the conversation were consistent in the world of drug dealers in the country.The court continued that during that conversation, Abass said Sheriff Asem Dakeh, alias The Limping Man, was the owner of the 76 parcels of cocaine, while Joseph K.J. Damson was the owner of the vessel, both statements of which later turned out to be correct.“They made confessions to previous dealings in cocaine. What happened at the meeting cannot be said to be a bait,” the court contended, adding, “I am convinced that their action was not to bait.”It said the case of the defence collapsed when Colonel Isaac Akuoku (retd), the former Executive Secretary of the Narcotics Control Board (NABOB), denied knowledge of the recording, adding that it would not serve any useful purpose if Mr Ben Ndego, a former official, had testified on behalf of the defence.Abass had, in his evidence-in-chief, admitted to having recorded the conversation, with the explanation that he had been instructed by Mr Ndego to do so.He had also informed the court that Col Akuoku was privy to the recording of the conversation, which was aimed at nailing ACP Boakye, who was suspected to be dealing in narcotic drugs. Touching on Abass’s earlier evidence that he had seized a police vehicle because the police owed him, the court said “Abass was so ‘powerful’ he could seize a police vehicle without a court order”.Mr Justice Dotse chastised Abass for attempting to smear the reputation of Detective Inspector Adaba during the trial and stated that all evidence led in court proved that Detective Inspector Adaba had, on countless occasions, refused to dance to the tune of the convicts, thereby incurring their displeasure.He said it was unfortunate that Ghana was now being used as a designated area for the drug trade, adding that the activities of drug traffickers were injuring the reputation of the country.The trial judge further stated that the activities of drug dealers were causing serious harm in the society and warned drug dealers that it was no longer profitable to deal in narcotic drugs in the country.Earlier, counsel for the convicts had prayed the court to deal leniently with the convicts because they were first offenders but the prosecution prayed the court to take into account the fact that they were drug barons.

THE father of the owner of the MV Benjamin vessel which was allegedly used to cart 77 parcels of cocaine yesterday confirmed that he signed an agreement with the alleged cocaine fugitive, Sheriff Asem Dakeh.Mr John Kwabena Dawson told the Accra Fast Track High Court through an interpreter that he signed the sale and charter agreement for the vessel, although he was not the Managing Director of Dashment Company Limited.He explained that he signed the agreement because he had signed the hire purchase agreement for the vessel.The MV Benjamin vessel was allegedly used to cart 77 parcels of cocaine, which later disappeared.Answering questions under cross-examination, Mr Dawson further explained that his son, Joseph Kojo Dawson, who is standing trial with four others, gave him (Mr Dawson) the consent to sign the agreement on behalf of the company.Kojo Dawson is being tried alongside Isaac Arhin and Philip Bruce Arhin, both Ghanaians, as well as Cui Xian Li and Luo Yin Xing, both Chinese, for allegedly playing various roles in the importation of the cocaine.The accused persons have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority. Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.Mr Dawson said he signed the charter and sale agreement with Sheriff and Mr Gill Bae, the original owner of the vessel, in Tema around 4.00 p.m. on February 6, 2006.He said the charterer was responsible for repair works on the vessel, which had then broken down, and further stated that he did not know the cost of repair works on the vessel.The witness, who said he had been in the shipping business for the past 30 years, said Mr Bae was to receive payment for the charter of the ship but he could not tell whether or not Mr Bae had received payment.An accountant of Dashment Company Limited, Prince Okyere, in his evidence-in-chief, informed the court that the last time he paid crew members on board the MV Benjamin was in February 2005.He said Isaac and Philip were among the first batch of 31 people he paid off, adding that Mr Bae paid off the second batch of workers.According to him, the vessel developed a problem in February 2005 and for that matter a canoe was sent to deploy the first batch of crew members.During cross-examination, Mr Okyere informed the court that he would be surprised if Dawson had already informed the court that workers were paid off in March 2005 and not February 2005.He denied an assertion by the prosecution that a prosecution witness, James Inkoom, who was a cook on board the MV Benjamin, was not in the employment of Dashment Company in 2005.According to the witness, Inkoom left after his (Inkoom’s) wife died some time in 2004 but returned to the company in 2005.Hearing continues on December 6, 2007.On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.However, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution failed to prove a case against him.

THE fate of the three policemen who were alleged to have aided the cocaine fugitive, Sheriff Asem Dakeh, alias The Limping Man, to abscond with 2,280 kilogrammes of cocaine will be determined by the Accra Fast Track High Court on December 21, 2007.The court, presided over by Mr Justice Anin Yeboah, fixed December 21 to deliver its judgement after the prosecution and defence counsel had submitted their written addresses. Sergeant David Nyarko, Detective Corporal Dwamena Yabson and General Lance Corporal Peter Bondorin, who have since closed their defence, were alleged to have received an unspecified amount in US dollars from Dakeh and allowed him to flee.They have each been charged with two counts of engaging in prohibited business relating to narcotic drugs and corruption by a public officer and have pleaded not guilty to both counts.On November 15, 2007, the court gave counsel for Yabson a week to file his written address to enable the court to fix a date for judgement. Counsel for Nyarko and Bondorin had filed addresses on behalf of his clients.The court warned that if counsel did not file the written address on Yabson’s behalf by November 22, 2007, it would move to fix a date for judgement.At the court’s sitting in Accra on Thursday, it emerged that both the defence team and the prosecution had filed their written addresses.The prosecution called 10 witnesses, who gave evidence against the accused persons, but the accused persons, on their part, testified and claimed innocence in the charges levelled against them.

THE Commercial Court in Accra will on December 6, 2007 decide whether or not to restrain Investment Consortium Holdings, SA (Investcom), the majority shareholders of MTN, from seeking arbitration in a matter brought against it and two others by a Ghanaian businessman.Investcom is currently seeking arbitration in London on a suit filed against it by Mr Richmond Aggrey and two others, namely, Scancom Ghana Limited, operators of MTN, and Grandview Management, Texas, but counsel for Mr Aggrey filed an application for interlocutory injunction restraining Investcom from further proceeding with the arbitration processes in London.The court, presided over by Mr Justice Henry A. Kwofie, fixed the date after counsel for the parties had argued their cases out.Arguing his Mr Aggrey’s case at the court’s sitting in Accra on yesterday, Mr Yonny Kulendi said Investcom was a party to the suit before the Commercial Court and had even entered appearance and filed its defence and for that matter the court should allow the trial to commence.Arguing further, he stated that his client could not be called to go on arbitration, which was normally between shareholders, because, as it stood now, Investcom was challenging his client’s claim of 20 per cent shares in Scancom Ghana Limited.According to Mr Kulendi, the conduct of the applicant was improper because it was making all moves calculated at frustrating the court and Mr Aggrey from proceeding with the court action.He said looking at the balance of convenience, obvious damage would be occasioned if the court did not take steps to stop the arbitration which was proceeding in earnest.For his part, counsel for Investcom, Mr Felix Ntrakwah, said the plaintiff went to court, knowing very well that there was an arbitration clause in the shareholders’ agreement.According to him, the application was brought when the arbitration had already commenced.Counsel said the plaintiff had not demonstrated that the arbitration was void, adding that Investcom did not need to seek the leave of the court to arbitrate.He said his client’s action was not an act of disrespect towards the court and explained that his client would lose substantially if the court granted the plaintiff’s application.In November last year, Scancom Ghana Limited, operators of MTN, then Areeba, filed an appeal challenging the Commercial Court’s dismissal of its application to strike out Mr Aggrey’s suit.The applicant had prayed the Court of Appeal to set aside the lower court’s ruling and accordingly strike out the plaintiff’s writ of summons for non-compliance with a section of the new High Court procedure rules but the Court of Appeal dismissed the application and accordingly upheld the Commercial Court’s decision.Scancom filed another application praying the Commercial Court to stay proceedings in the substantive matter pending the outcome of the appeal but that application was also dismissed.The Commercial Court in Accra, presided over by Mr Justice Henry A. Kwofie, on October 20, 2006 dismissed a motion filed by Scancom Ghana Limited which prayed the court to strike out a writ of summons filed by Mr Aggrey against Scancom and two others for non-compliance with the High Court rules.The court had held that the plaintiff’s failure to apply for leave to issue the writ was an irregularity and noted that Order 81 of the new High Court rules could be used to cure such irregularity, among others.The plaintiff sued Investcom, the majority shareholder in Scancom, and Grandview Management Limited when Scancom decided to engage in a merger deal with MTN Incorporated of South Africa. The deal has, however, been concluded, following the transfer of all shares in Scancom to the South African company.That was after a High Court order on July 14, 2006 restrained Scancom and other respondents from "continuing, progressing and or concluding the merger with and/or acquisition of Investment Consortium Holdings by MTN Company of South Africa without taking into account and/or providing for the plaintiff's 20 per cent shares in Scancom Limited".The closure of the acquisition, according to Mr Aggrey, would occasion the loss of his shareholding in the company by reason of the accrual of the rights of the MTN Group as a third party.Mr Aggrey's contention was that his name had been removed from the shareholders’ list of Scancom without any explanation, adding that the particulars of the directors and shareholders of Scancom obtained from the Registrar General's Department, dated June 2, 2006 and signed by Mr K.A. Ohene-Obeng, a Chief State Attorney, for the Registrar of Companies, showed that Mr Aggrey's name was not included in the shareholders’ list.It said the onus was on the company to explain how Mr Aggrey ceased to be a shareholder.In his substantive writ, Mr Aggrey was claiming against the defendants, jointly and severally, an order directed to Scancom to pay him his true dividends declared from the 2000 to 2005 financial years.He also sought the rectification of the membership of Scancom Ltd to include his name and restore him to his position as a shareholder and director of the company.

THE Ministry of Finance and Economic Planning has given a one-week ultimatum to district directors of education to submit the names of teachers who passed out in 2005 and are currently at post to enable the ministry to pay their outstanding salary arrears.The ministry attributed the delay in the payment of the salary arrears of teachers who passed out in 2005 to the failure of the district directors to submit the names of teachers at post and gave the directors up to November 30, 2007 to adhere to the directive.In an interview with the Daily Graphic, the Director of Budget at the Ministry of Finance and Economic Planning, Mr Kwabena Adjei Mensah, gave the assurance that the ministry would pay the salary arrears of teachers next month.Reacting to an ultimatum from the Ghana National Association of Teachers (GNAT) which gave the government up to next month to settle the salary arrears of teachers who passed out in 2005, Mr Mensah said it was not true that the majority of teachers who passed out in 2005 had not been paid.He said records made available to the ministry by officials of the Ghana Education Service (GES) indicated that 501 teacher trainees passed out in 2005.Explaining further, Mr Mensah said teacher trainees were normally posted to districts immediately they finished school and they were paid allowances until the GES confirmed that they were at post and had also passed their examinations.He said as of the time the Controller and Accountant-General's Department was moving from the Integrated Personnel Payroll Database One (IPPD I) to IPPD II, the confirmed names of teachers at post had not been submitted by the GES.The President of GNAT, Mr Joseph Adjei, in a letter addressed to the Minister of Finance and Economic Planning, had said the 2005/06 arrears of trained teachers and teachers who were promoted during that period were still hanging.The letter said the rank and file of teachers needed to be convinced by initiatives on the part of the employer, otherwise it would be very difficult to contain the “imminent explosion”. It indicated that the present labour environment was veiled by an uneasy calm and advised the government to act expeditiously to forestall the preventable.

Friday, November 23, 2007

THE Accra circuit court on Wednesday refused bail for four persons who allegedly stole Ghana Oil Company Limited (GOIL) fuel coupons worth ¢9.1 billion.Declining a bail application from counsel for the accused persons, the court held that it was important for the prosecution to be given enough time to complete investigations into the matter.It, accordingly, remanded the accused persons into custody for two weeks to appear again on December 5, 2007.The prosecution had, on Tuesday, November 20, 2007, informed the court that the value of stolen coupons had risen from ¢4.5 billion to ¢9.1 billion.According to the prosecution, investigations were ongoing and it was likely that the number of coupons which was stolen between September and October this year might rise.Four persons — Emmanuel Amegashie, Production Technician of Camelot Ghana Limited, printers of the coupons; Lawrence Avorgbedor, former employee of Camelot Ghana Limited; Joshua Kwamina Asamoah, a taxi driver, and Samuel Kofi Addo, a former fuel pump attendant at the Dansoman GOIL Filling Station — are alleged to have committed the offence.The police have since seized two vehicles, a BMW saloon car and a Toyota Four Runner, belonging to Avorgbedor and a KIA saloon car belonging to Asamoah.Initial investigations revealed that Amegashie, who was also in charge of Quality Control, Plant, Equipment and Electrical Maintenance, allegedly went into the hologram vault room and stole more than 30,000 leaflets of the GH¢20 and GH¢15 denominations of the fuel coupons and gave them to Avorgbedor for sale.Avorgbedor then printed serial numbers on the coupons and gave them to Asamoah, who in turn gave them to Addo for sale.The accused persons who were initially arraigned before the court each pleaded not guilty to two counts of conspiracy and stealing.At the court’s sitting in Accra on Tuesday, counsel for the accused persons prayed the court to grant their clients bail but the prosecution objected, with the reason that the accused persons might interfere with investigations if they were granted bail, since investigations were ongoing to determine the exact amount involved in the deal.On November 9, 2007, the court remanded the accused persons based on the statement from the prosecution that investigations were ongoing.The facts of the case are that Amegashie was caught on camera carrying the items out of the Hologram and Micro Numbering Vault rooms of Camelot Ghana Limited. According to the prosecution, Addo began selling the stolen coupons after he had been contracted by Asamoah to do so and later resigned as a fuel station attendant to sell the coupons full-time.The prosecution stated that the Audit Department of GOIL later detected that the serial numbers printed on the coupons were different from the genuine coupons. It then alerted the other filling stations to be on the look out and on October 30, 2007, Addo was arrested at the Dansoman GOIL Filling Station when he went there to sell the coupons.Addo’s arrest eventually led to the arrest of the other accused persons.Nine filling stations are suspected to be involved in the deal in Accra alone.Investigations are going on nation-wide to determine the exact amount involved in the deal.

THE National Investment Bank (NIB) has filed a motion for contempt against the Managing Director of IKAM Company Limited, a printing company, and two others at the Accra Fast Track High Court.According to the bank, the Managing Director, Steven Marfo, and the two, Robert Yartey, solicitor of IKAM Company Limited, and Ken Asare, General Manager in charge of operations of IKAM Company Limited, flouted court orders and forcibly evicted guards and broke court seal on the company’s doors.Following a court judgement in April 2006 which ordered IKAM Company Limited to pay a total of ¢37.8 billion being its indebtedness, plus interest and cost to NIB, the registrar of the court gave permission for the execution of writ of possession against IKAM Company Limited.According to an affidavit in support of the motion for an order for committal of the respondents for contempt of court, court bailiffs on October 29, 2007 went to the company’s premises and caused the factory to be sealed.Counsel for the NIB, Mr Frederick Asamoah, filed a motion on notice for injunction against the re-opening of the company’s premises and subsequently caused the factory to be sealed.However, upon the alleged orders of Asare and the advice of Yartey, workers of the company operated.According to Mr Asamoah, all the respondents knew or ought to have known that their conduct amounted to a blatant disobedience of the court orders and rules.He said the respondents intentionally disobeyed court orders and for that matter they should be committed for contempt of court.At the court’s sitting in Accra on Wednesday, it emerged that the respondents had not been served with the motion paper prompting the court to direct the plaintiff to make efforts to serve the respondents.The court accordingly adjourned the matter to November 30, 2007 for hearing of the contempt case.Meanwhile, respondents have filed a motion on notice for stay of execution of the judgement as well as an order restraining auctioneers from conducting the sale of the company’s assets.In an affidavit in support of the motion paper, the Managing Director of IKAM Company Limited stated that the company had so far paid ¢10 billion to the NIB, thereby reducing its indebtedness to ¢27.8 billion.He said the value of his company’s assets currently stood at more than ¢150 billion.According to the applicant, the movable assets of the company stood at more than ¢120 billion, while the immovable assets were valued at more than ¢30 billion.The applicant said to execute the judgement, the plaintiff, through its agents, had lumped together and attached all the assets of IKAM Company Limited far in excess of the judgement debt, interest and the cost awarded.The applicant further averred that if the sale was conducted and the balance was given to him, it would have served no useful purpose as his business would then have collapsed.In reply to the application, NIB stated that the filing of the motion was a ploy by the applicant to frustrate the bank from enjoying the fruit of the judgement.Counsel for the bank held that ever since the judgement was passed last year, the applicant had filed many unmeritorious motions at the Court of Appeal only to abandon them, adding that nevertheless, the applicant had succeeded in delaying the plaintiff in the process of execution.According to the NIB, IKAM Company Limited was insolvent and could not even raise money to pay its proposed instalment, among others.The bank, therefore, challenged Marfo to sell any part of the company’s equipment to defray the company’s debts if he was capable of doing so.

Thursday, November 22, 2007

THE Supreme Court will, on December 21, 2007, decide whether or not the Commission for Human Rights and Administrative Justice (CHRAJ) can investigate matters based on media reports and not through a formal complaint.The court fixed the date after counsel for CHRAJ and Dr Richard Anane, a former Minister of Transportation, had submitted their written addresses on what constituted complaint and at what point CHRAJ could investigate an issue.The Attorney-General and Minister of Justice, Mr Joe Ghartey, also submitted a written address on the orders of the Supreme Court which had directed him to also address the court on the matter, although he was not a party to the suit between CHRAJ and Dr Anane.At the court’s sitting in Accra yesterday, counsel for CHRAJ, Nene Amegatcher, maintained that the Constitution gave it the powers to investigate complaints formally brought before it, as well as go further to investigate informal complaints.However, counsel for Dr Anane, Mr J.K. Agyemang, argued that CHRAJ had no authority to do that.He further maintained that CHRAJ could not assume responsibility for what had not been given to it.For his part, the Attorney-General said he was focusing on public policy, which literally meant that there ought to be a formal complaint before an authority could investigate a matter.He said the Constitution gave many institutions of state and not CHRAJ alone the powers to investigate issues.Submissions by counsel for the parties were very brief because the court had ordered them to submit written addresses, which they did.The court, on October 30, 2007, unanimously upheld the decision of the High Court which quashed the findings of perjury and conflict of interest by CHRAJ against Dr Anane.It, however, upheld an application filed by CHRAJ which challenged the decision of the High Court judge to interpret ‘complaint’ in Article 21 (a) of the 1992 Constitution.According to the court, which was presided over by the Chief Justice, Mrs Justice Georgina Wood, “that decision is in conflict with the exclusive jurisdiction of this court, under Article 30 of the 1992 Constitution, to interpret the Constitution”.The court, which had Mr Justice S. A. Brobbey, Dr Justice Date Bah, Mr Justice Julius Ansah and Mr Justice R. T. Aninakwah as members, therefore, decided to interpret ‘complaint’ and give its judgement on it.“In relation to Article 21 (a) of the 1992 Constitution, this court is exercising the powers of the trial court to refer to the Supreme Court the following issue which has arisen from the facts of this case for determination, pursuant to article 130 (2):“For a complaint within the meaning of Article 218 (a) of the 1992 Constitution to form the basis for investigation by CHRAJ, must it be made by an identifiable individual or corporate body and lodged with the commission or are complaints made through the media and other public fora regarding violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties adequate bases for the institution of investigation by CHRAJ?”The CHRAJ had filed an application praying the Supreme Court to quash the decision of the High Court which quashed findings of perjury and conflict of interest against Dr Anane.But the Supreme Court held a different view and stated that it would give its reasons for its orders in its final judgement after the parties had made legal arguments on the matter.It, accordingly, asked the Attorney-General, CHRAJ and Dr Anane to submit written legal arguments on the issue to the Supreme Court within 14 days.The CHRAJ, some time last year, made adverse findings of conflict of interest, abuse of office and perjury against Dr Anane.Dissatisfied with CHRAJ’s findings, Dr Anane contested them at the High Court where CHRAJ’s decisions were quashed.However, CHRAJ took the matter to the Supreme Court for its decisions to be reaffirmed.